VICP Registry Case Source Bundle Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_21-vv-00118 Package ID: USCOURTS-cofc-1_21-vv-00118 Petitioner: Hong Taing Filed: 2021-01-06 Decided: 2024-07-05 Vaccine: influenza Vaccination date: 2018-12-21 Condition: Shoulder Injury Related to Vaccine Administration (SIRVA) Outcome: compensated Award amount USD: 16000 AI-assisted case summary: Hong Taing filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine he received on December 21, 2018. He stated that the vaccine was administered in the United States, that he experienced residual effects for more than six months, and that there had been no prior award or settlement for his condition. Respondent denied that Mr. Taing suffered from SIRVA or that the vaccine caused his injury. Despite these denials, the parties filed a joint stipulation agreeing that the case should be settled and that compensation should be awarded. Chief Special Master Corcoran adopted the stipulation as the decision, awarding Mr. Taing a lump sum of $16,000.00. This amount represents compensation for all items of damages available under the program. The stipulation noted that the injury was a Table injury and that the parties agreed to settle the matter, with the award reflecting a compromise of their respective positions on liability and damages. Theory of causation field: Table Public staged source text: ================================================================================ DOCUMENT 1: USCOURTS-cofc-1_21-vv-00118-0 Date issued/filed: 2024-07-05 Pages: 7 Docket text: PUBLIC DECISION (Originally filed: 06/04/2024) regarding 43 DECISION Stipulation/Proffer, Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made. -------------------------------------------------------------------------------- Case 1:21-vv-00118-UNJ Document 48 Filed 07/05/24 Page 1 of 7 In the United States Court of Federal Claims OFFICE OF SPECIAL MASTERS No. 21-118V HONG TAING, Chief Special Master Corcoran Petitioner, Filed: June 4, 2024 v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent. John Robert Howie, Jr., Howie Law, PC, Dallas, TX, for Petitioner. Jennifer A. Shah, U.S. Department of Justice, Washington, DC, for Respondent. DECISION ON JOINT STIPULATION1 On January 6, 2021, Hong Taing filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine Act”). Petitioner alleges that he suffered a shoulder injury related to vaccine administration (“SIRVA”), a Table injury, resulting from an influenza (“flu”) vaccine he received on December 21, 2018. Pet., ECF No. 1. Petitioner further alleges that the vaccine was administered in the United States, he experienced the residual effects of his condition for more than six months, and there has been no prior award or settlement of a civil action for damages on Petitioner’s behalf as a result of his condition. Id. Respondent denies “that [P]etitioner suffered from SIRVA; denies that the vaccine caused [P]etitioner’s alleged shoulder injury, or any other injury; and denies that [P]etitioner’s current condition is a sequela of a vaccine-related injury.” Stipulation at 1-2, ECF No. 42. 1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government Services). This means the Decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access. 2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2018). Case 1:21-vv-00118-UNJ Document 48 Filed 07/05/24 Page 2 of 7 Nevertheless, on June 4, 2024, the parties filed the attached joint stipulation, stating that a decision should be entered awarding compensation. I find the stipulation reasonable and adopt it as my decision awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached stipulation, I award the following compensation: A lump sum of $16,000.00 in the form of a check payable to Petitioner. Stipulation at 2. This amount represents compensation for all items of damages that would be available under Section 15(a). Id. I approve the requested amount for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the Clerk of Court is directed to enter judgment in accordance with this Decision.3 IT IS SO ORDERED. s/Brian H. Corcoran Brian H. Corcoran Chief Special Master 3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review. 2 Case 1:21-vv-00118-UNJ Document 48 Filed 07/05/24 Page 3 of 7 IN THE UNITED STATES COURT OF FEDERAL CLAIMS OFFICE OF SPECIAL MASTERS ) HONG TAING. ) ) Petitioner, ) ) N'o. ll-l rsv V. ) Chief Special Maslcr Corcoran ) ECF SECRET ARY OF HEALTH ) AND HUMAN SERVJCES, ) ) Rcspondcnl. ) ________________ ) STIPULATION The parties hereby stipulate to the following mauers: I. Hong Taing, petitioner. filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §§ 300aa-l0 er seq. (the ··vaccine Program"). The petition seeks compensation for injuries allegedly relaled lo pctilioncr's receipt oflhe influenza (. . flu") vaccine, which vaccine is contained in the Vaccine Injury Table (the "Table"), 42 C.F.R. § I 00.3(a). 2. Petitioner received a nu vaccine on or about Oecember 21, 2018. 3. The vaccination was administered within the United States. 4. Petitioner alleges that he suffered a Shoulder Injury Related lo Vaccine Administration ("SIRVA") within the time period set forth in the Ta~le. He fwther alleges that he experienced the residual effects of this condition for more than six months. S. Petitioner represents that there has been no prior award or seulemcnt of a civil action for damages on his behalf as a result of his condition. 6. Respondent denies that petitioner suffered from SIRVA; denies that the vaccine Case 1:21-vv-00118-UNJ Document 48 Filed 07/05/24 Page 4 of 7 caused petitioner's alleged shoulder injury, or any other injury; and denies that petitioner's current condition is a sequel a of a vaccine-related injury. 7. Maintaining their above-stated positions, the parties neve1theless now agree that the issue.,; between them shall be settled and that a decision should be entered awarding the compensation desc1ibed in paragraph 8 of this Stipulation. 8. As soon as practicable after an entry ofj udgment reflecting a decision consistent with the tenns of this Stipulation, and after petitioner has filed an election to receive compensation pursuant to 42 U.S.C. § 300aa-2 I (a)( l ), the Secretary of Health and Human Services will issue the following vaccine compensation payment: A lump sum of$16,000.00 in the fonn of a check payable to petitioner. This amount represents compensation for all damages that would be available under 42 U.S.C. §300aa-15(a). 9. As soon as practicable after the entry ofjudgment on entitlement in this case, and after pelitioner has filed both a proper and timely election to receive compensation pursuant to 42 U.S.C. § 300aa-2l(a)(l), and an application. the parties will submit to further proceedings before the special master to award reasonable attorneys' fees and costs incurred in proceeding upon this petition. I 0. Petitioner and his attorney represent that compensation to be provided pursuant to this Stipulation is not for any items or services for which the Program is not primarily liahle under 42 U .S.C. § 300aa-15(g), to the extent that payment bas been made or can reasonably be expected to be made under any State compensation programs, insurance policies, Federal or State health benefits programs (other than Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.)), or by entities that provide health services on a pre-paid basis. 2 Case 1:21-vv-00118-UNJ Document 48 Filed 07/05/24 Page 5 of 7 11. Payment made pursuant to paragraph 8 of this Stipulation and any amounts awarded pursuant to paragraph 9 of this Stipulation will be made in accordance with 42 U.S.C. § 300aa- l 5(i). subject to the availability of sufficient statutory funds. 12. The patties and their attorneys further agree and stipulate that, except for any award for attorneys' fees and litigation cosL,;, and past unreimbursable expenses, Lhe money provided pursuant to this Stipulation will be used solely for petitioner's benefit as contemplated by a strict construction of 42 U.S.C. §§ 300aa-l 5(a) and (d ), and subject to the conditions of 42 U.S.C. §§ 300aa-l 5(g) and (h). 13. In rctwn for the payments dcsciibed in paragraphs 8 and 9, petitioner, in his individual capacity, and on behalf of his heirs, executors, administrators, successors or assigns, does forever irrevocably and unconditionally release. acquit and discharge the United States and the Secretary of Health and Human Services trom any and all actions or cau.c;es of action (inc~uding agreements, judgments, claims, damages, loss of services, expenses and all demands of whatever kind or nature) that have been brought. could have been brought, or could be timely brought in the Coun of Federal Claims. under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-l0 et seq., on account of, or in any way growing out of, any and all known or unknown. suspected or unsuspected personal injuries to or death of petitioner resulting from, or alleged to have resulted from, the flu vaccination administered ou or about December 21. 2018, as alleged by petitioner in a petition for vaccine compensation filed January 6, 2021, in the United States Court of Federal Claims as petition No. 2 I-I 18V. 14. If petitioner should die prior to entry of judgment, this agreement shall be voidable upon proper notice to the Court on behalf of eilher or both of the parties. 3 Case 1:21-vv-00118-UNJ Document 48 Filed 07/05/24 Page 6 of 7 15. If the special master fails to issue a decision in complete confonnity with the tetms of this Stipulation or if the Court of Federal Claims fails Lo enter judgment in conformity with a decision that is in complete confonnity with the terms of this Stipulation. then the parties, settlement and this Sti11ulatio11 shall he voidahle at the sole discretion of either party. 16. This Stipulation expresses a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986. as amended. except as otherwise noted in paragraph 9 above. There is absolutely no agreement on the part of the parties hereto to make any payment or to do any act or thing other than is herein expressly stated and clearly agreed to. The parties further agree and understand that the award described in this Stipulation may reflect a compromise of the parties' respective positions as to liability and/or amount of damages. and further. that a change in the nature or the injury or condition or in the items of compensation sought. is not grounds to modify or revise this agreement. 17. This Stipulation shall not be construed as an admis.c;ion hy the l Jnited Stales or the Secretary of Health and Human Services lhat the flu vaccine caused petitioner's ulleged injury or any other injury or her current disabilities, or that petitioner suffered an injury contained in the Vaccine Injury Table. 18. All rights and obligations of petitioner hereunder shall apply equally to petitioner's heirs, executors, administrators, successors, and/or assigns. END OF STIPULATION 4 Case 1:21-vv-00118-UNJ Document 48 Filed 07/05/24 Page 7 of 7 Respectfully submitted, PETITIONER: AT IORNEY OF RECORD AUTHORIZED REPRESENTATIVE FOR PETITIONER: OF THE AT TORNEV GENERAL: ~ ~~~r~ JOIOWIE HEATHER L. PEARLMAN Howie Law, l'.C. Deputy Director 2608 Hibemia Street Torts Branch Dallas, TX 75204 U.S. Departmenl of Justice (214) 622-6340 P.O. Box 146 jhowie@howielaw.nel Benjamin Franklin Station Washington. DC 20044-0146 AUTHORIZED REPRESENTATIVE ATTORNEY OF RECORD FOR OF THE SECRETA RY OF HEALT H RESPONDENT: AND HUMAN SERVICES: s. j effr e y Digitally ggned by Jeffrey S. Beach •S Beach _ 5 Date: 2024.os.161s:09:26 -----· -